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Reports of Decisions of the Public Service Commission, Second District of the State of New York (Volume 6)

Reports of Decisions of the Public Service Commission, Second District of the State of New York (Volume 6)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1918 Excerpt: ... ticular subject or which qualifies or regulates the exercise of legislative power in respect to a particular incident of that subject leaves all other matters and incidents under its control, and that nothing is subtracted from the sum of legislative power except that which is expressly or by necessary implication withdrawn. Also that the Legislature is prohibited from granting a franchise to construct a street railroad except upon certain specified conditions and that it is not prohibited from annexing further conditions not inconsistent therewith, and whether other conditions are necessary or proper is a matter resting in the wisdom and discretion of the Legislature. To the same effect is Bohmer v. Haffen, 161 N. Y. 390-412, decided in 1900. In 1888 the General Term decided the case of People ex rel. West Side Railroad Co. v. Barnard, 48 Hun 57. This was a proceeding to compel the comptroller of the City of Buffalo to accept a bond executed by the relator and tendered to him in compliance with the statute requiring the same in connection with the purchase of a franchise in the city of Buffalo by the relator. While the issue in the case was really in respect to the bond, yet the Court took occasion to say that the common council exceeded its authority in making it a condition to giving its consent for the construction of the road that the company seeking the privilege should carry passengers beyond the lines mentioned in its articles of association. Also that the Legislature had expressly reserved to itself the right to regulate and reduce the rate of fare on all railroads under the provisions of the general act relative to street railroads, and that the common council had no power whatever to interfere with the same. This case was reversed in the same yea...


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Product Details
  • ISBN-13: 9781153905169
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 142
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1153905167
  • Publisher Date: 07 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 317 gr


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Reports of Decisions of the Public Service Commission, Second District of the State of New York (Volume 6)
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